| (a) Licensing requirements. A person performing mold
remediation activities must be licensed as a mold remediation company
if the person employs more than one individual required to be registered
under §78.56 or licensed under §78.58. A licensed mold remediation
company is specifically authorized to employ mold remediation contractors
and mold remediation workers who are currently licensed or registered
under this chapter to assist in the company's mold remediation activity.
(b) Authorization and conditions. A licensed mold remediation
company shall:
(1) designate one or more individuals licensed as mold
remediation contractors as its responsible person(s);
(2) notify the department in writing of any changes
in individual licensed mold remediation contractors as responsible
persons within 30 calendar days following the change of the responsible
person; and
(3) perform mold remediation activity only during periods
with the active employment of at least one individual licensed mold
remediation contractor designated as the responsible person for the
company;
(4) not transfer the license to any other person, including
to any company that has bought the licensed entity;
(5) apply for a name change on the license within 30
calendar days after a change in name only; and
(6) obtain a new license before performing any mold-related
activities when the transfer of a licensed person occurs.
(c) Eligibility for licensing. To be eligible for licensing,
a person must employ at least one licensed mold remediation contractor.
To obtain a mold remediation company license, a person must:
(1) comply with the requirement for insurance coverage
under §78.40; and
(2) pay the fee required under §78.80.
(d) Applications. Unless otherwise indicated, an applicant
must submit all required information and documentation on department-approved
forms or in a manner specified by the department. In addition to fulfilling
the requirements in §78.21, an applicant must submit the following
required documentation:
(1) proof of compliance with the insurance requirement
for licensees specified in §78.40;
(2) the name, address, and occupation of each person
that has an ownership interest of 10% or more in the applicant; and
(3) the name and license number of each licensed mold
remediation contractor designated by the applicant as a responsible
person.
(e) Responsibilities. In addition to the requirements
of §78.70 and all other applicable responsibilities in this chapter,
a licensed mold remediation company shall:
(1) ensure that all employees who will perform mold
remediation activities are provided with, fit tested for, and trained
in the correct use of personal protective equipment appropriate for
the activities to be performed;
(2) ensure that each person performing mold remediation
activities is licensed or registered in accordance with this chapter,
as applicable;
(3) ensure that the training and license or registration
of each individual who is required to be licensed or registered to
perform mold remediation activities under this chapter are current;
(4) comply with the requirements under §78.64(f)(2)-(3),
(5)-(9), and (11) if the licensee provides mold remediation worker
training as authorized in §78.68(d);
(5) maintain copies of the required training documents
in accordance with §78.74(b)(2) if providing mold remediation
worker training as authorized in §78.68(d);
(6) provide to each client a mold remediation work
plan for the project at least one calendar day before the mold remediation
preparation work begins;
(7) submit the required notification to the department
as described in §78.110; and
(8) provide to the property owner a completed Certificate
of Mold Damage Remediation as specified under §78.150.
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